Experts for Leasehold Conveyancing in Pencader

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Questions and Answers: Pencader leasehold conveyancing

Harry (my fiance) and I may need to sub-let our Pencader basement flat for a while due to a new job. We used a Pencader conveyancing practice in 2003 but they have closed and we did not think at the time seek any advice as to whether the lease permits subletting. How do we find out?

Some leases for properties in Pencader do contain a provision to say that subletting is only permitted with prior consent from the landlord. The landlord cannot unreasonably refuse but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting permission.

Back In 2003, I bought a leasehold flat in Pencader. Conveyancing and Norwich and Peterborough Building Society mortgage are in place. I have received a letter from someone saying they have taken over the freehold. Attached was a demand for arrears of ground rent dating back to 1991. The conveyancing solicitor in Pencader who previously acted has long since retired.What should I do?

The first thing you should do is contact HMLR to be sure that this person is indeed the registered owner of the freehold reversion. You do not need to incur the fees of a Pencader conveyancing lawyer to do this as you can do this on the Land Registry website for £3. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.

I work for a reputable estate agent office in Pencader where we have experienced a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have received inconsistent advice from local Pencader conveyancing firms. Please can you clarify whether the vendor of a flat can instigate the lease extension process for the buyer?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.

Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

What advice can you give us when it comes to appointing a Pencader conveyancing firm to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a Pencader conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We advise that you make enquires with two or three firms including non Pencader conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • What volume of lease extensions have they carried out in Pencader in the last twenty four months?
  • What are the legal fees for lease extension conveyancing?

  • Do you have any advice for leasehold conveyancing in Pencader with the purpose of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Pencader can be reduced if you appoint lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the purchasers’ conveyancers.
    • Many landlords or Management Companies in Pencader charge for providing management packs for a leasehold premises. You or your lawyers should find out the actual amount of the charges. The management information sought as soon as you have a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most common reason for frustration in leasehold conveyancing in Pencader.
  • If you have carried out any alterations to the residence would they have required Landlord’s consent? In particular have you installed wooden flooring? Pencader leases often stipulate that internal structural alterations or addition of wooden flooring require a licence issued by the Landlord approving such works. Where you dont have the paperwork to hand do not contact the landlord without contacting your conveyancer in the first instance.
  • Some Pencader leases require Landlord’s consent to the sale and approval of the buyers. If this applies to your lease, it would be prudent to notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors.
  • You believe that you know the number of years remaining on your lease but it would be wise to double-check by asking your solicitors. A purchaser's lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. It is therefore essential at an early stage that you consider whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale.

  • Pencader Leasehold Conveyancing - A selection of Queries Prior to buying

      Can you tell me if there are any major works in the planning that could add a premium to the service fees? The best form of lease arrangement is where the freehold title is in the ownership of the leaseholders. In this situation the leaseholders have control and although a managing agent is usually employed where the building is larger than a house conversion, the managing agent employed by the leaseholders. Plenty Pencader leasehold apartments will have a service bill for the upkeep of the block levied by the freeholder. Where you purchase the apartment you will have to meet this amount, normally quarterly throughout the year. This could vary from several hundred pounds to thousands of pounds for bigger purpose-built buildings. There will also be a ground rent to be met annual, this is usually not a significant figure, say about £25-£75 but you need to enquire it because on occasion it could be surprisingly expensive.

    Other Topics

    Lease Extensions in Pencader